Trademark registration in Belarus
Brand registration allows you to use it in the space of the selected country, to prohibit its use there by others, including unscrupulous competitors, to make the product recognizable to the consumer.
The rights of the owner of a trademark are violated if it is used without his consent on:
- goods and their packaging;
- trade documentation;
- in the process of providing services, performing works;
- in advertising materials;
- on the Internet.
It is possible to obtain legal protection for a trademark in Belarus through the Madrid system, as well as directly from the National Intellectual Property Center.
Documents required for patent protection:
- Application, which contains the following data: applicant, submitted for registration of the designation, list of goods and performed works (services) with the designation of the corresponding class of the Nice Classification.
- Additional copies of the printed image of the trademark.
- If the application under the Paris Convention was filed - its certified copy.
- Documents which certify eligibility of the application for the right of exhibition priority.
- Document confirming payment of fees.
- In case of work with a patent attorney - a power of attorney.
A separate application is submitted for each brand.
Stages of trademark registration in Belarus
- Submission of application documents.
- Payment of the fee.
- Preliminary examination of the application, payment of fees. NCIS establishes whether the application documents are properly executed.
- State examination of the applied for designation in order to determine the absence of reasons for refusal such as state symbols, common terms, geographical names, names conflicting with the public order, identical or similar to the extent of confusion with the designations already protected by law in the territory of Belarus.
- Issuance of a certificate from the NCIP for registration of the protection right to trademark in Belarus.
Patent protection lasts for 10 years from the date of filing, the term may be extended by applying to the NCIP for another 10 years, the number of extensions is unlimited.
Tariffs and duties
- For submission of the registration application and basic examination of the TOR - 38 BV - basic units (From January 1, 2018 1 BV is 24,5 rubles).
- For one class of the Nice Class, more than one class - 5 BGN.
- For the trademark registration procedure and issuance of the certificate - 19 BV, after the decision on registration of the trademark is made by the NCIP.
The services we provide in Russia and Abroad:
- preparation of application materials;
- payment of state fees, necessary payments (we provide samples of payment orders, and in some cases we pay the fees ourselves);
- interaction with the registering authority;
- maintenance of office work, correspondence;
- obtaining a certificate.
A curious fact about patent law in Belarus:
The company "Milavitsa" sued the owner of the outlet in the market, selling products that do not belong to the plaintiff company, but on which there are labels with the combined mark "MOLAVITSA", which is also registered by the plaintiff. The court assessed a fine in favor of the plaintiff against the defendant in the amount of the value of the products offered for sale by the defendant, satisfying the claim in its entirety. Here you can see how the defendant tried to promote the products using the similarity of the name with the well-established "Milavitsa" brand, damaging its reputation, among other things.